Kansas Statutes

Chapter 80: Townships And Township Officers

Article 12: Prairie Dogs, Moles And Gophers

Statutes:

• 80-1201: Destruction of prairie dogs, moles and gophers; expense from general fund.
• 80-1202: Eradication of prairie dogs; duties of township trustees; entry upon land, exceptions; assessment of costs.
• 80-1203: Same; report of expense to county commissioners; tax levy.
• 80-1204: Same; compensation of trustees and assistants.
• 80-1205: Same; custody and disbursement of funds.
• 80-1206: Same; payment of moneys to township treasurers.
• 80-1207: Same; surplus funds; use.
• 80-1208: Same; penalty for failure to perform duties.

• 80-1201: Destruction of prairie dogs, moles and gophers; expense from general fund. The township board of any township in this state, at any regular or special meeting, is hereby authorized to purchase material and to employ one or more suitable persons to destroy prairie dogs, moles and gophers within the limits of such township, any material so purchased and compensation for such services to be paid out of the general fund of such township.

        History:   L. 1901, ch. 273, § 1; R.S. 1923, 80-1201; L. 1965, ch. 548, § 1; June 30.

• 80-1202: Eradication of prairie dogs; duties of township trustees; entry upon land, exceptions; assessment of costs. In addition to the duties now prescribed by law for township trustees, in counties infested by prairie dogs, they may do and perform the following services: That the township trustees of the several townships in this state infested by prairie dogs may enter upon the lands so infested in their respective townships and make diligent efforts to exterminate all prairie dogs thereon. For the purpose of enabling them to carry into effect the provisions of this act, the trustees are authorized and empowered to employ all such assistance and to purchase the poison or such appliances and material as they may deem necessary to exterminate such dogs. The work of such extermination shall all be done under the supervision and direction of the trustees: Provided, That in any county having a population of more than four thousand (4,000) and less than five thousand two hundred (5,200) which contains no city of the second class and not more than two (2) cities of the third class, the trustees shall before entering upon the lands give written notice to any landowner who shall fail or refuse to make use of the materials offered or provided, that unless he or she endeavors to control such prairie dogs according to the methods prescribed by the board of trustees will, within fifteen (15) days after the date specified in the notice enter upon his or her land and use the necessary materials to eradicate the prairie dogs thereon; and the trustees or their agents, may thereafter enter upon the land and proceed to eradicate such prairie dogs.

        After eradication of such prairie dogs, the trustees shall immediately notify the landowner or landowners with an itemized statement of the costs thereof, and stating that unless such amount is paid within thirty (30) days from the date of the notice, that the amount shall become a lien upon their real estate. If such costs are not paid within thirty (30) days they shall be assessed against the property of the landowner and the township clerk shall, at the time of certifying other township taxes to the county clerk, certify the costs of such eradication and the county clerk shall extend the same on the tax roll of the township against such property and said costs shall be collected by the county treasurer and paid to the township as other township taxes are collected and paid.

        History:   L. 1909, ch. 181, § 1; L. 1919, ch. 315, § 1; R.S. 1923, 80-1202; L. 1965, ch. 548, § 2; L. 1969, ch. 472, § 1; L. 1972, ch. 384, § 1; March 20.

• 80-1203: Same; report of expense to county commissioners; tax levy. The trustees of the several townships infested by prairie dogs shall appear before the board of county commissioners of their respective counties at their annual meeting in August of each year, when they convene to make the annual tax levy, and make a report of the probable expense to exterminate the prairie dogs in their respective townships. And the commissioners of the respective counties, after receiving said reports, shall cause to be levied on real estate assessed for taxation in each township thus infested by prairie dogs the approximate amount estimated by the several trustees as herein provided, or any part thereof: Provided, however, That no assessment for this purpose shall be greater than seventy cents on each one hundred dollars valuation as herein provided.

        History:   L. 1909, ch. 181, § 2; April 3; R.S. 1923, 80-1203.

• 80-1204: Same; compensation of trustees and assistants. The trustees of each township and their assistants shall receive as compensation for their services for the time actually and necessarily employed. Such compensation shall be paid only out of the fund of the county created by this act for that purpose and shall be in an amount determined by the township board as provided by K.S.A. 80-207, and amendments thereto.

        History:   L. 1909, ch. 181, § 3; L. 1919, ch. 315, § 2; R.S. 1923, 80-1204; L. 1996, ch. 184, § 9; May 2.

• 80-1205: Same; custody and disbursement of funds. The township trustees shall be the custodians of the fund created by this act, and disburse the same on vouchers audited by the township boards at their regular quarterly meetings and warrants drawn on the treasurer for the same: Provided, That no part of this fund shall be subject to the payment of claims other than those specified in this act.

        History:   L. 1909, ch. 181, § 4; April 3; R.S. 1923, 80-1205.

• 80-1206: Same; payment of moneys to township treasurers. The county treasurers of the several counties of this state are hereby authorized and directed to pay over to the several township treasurers of their respective counties all the moneys collected for the purpose designated in this act, in the mode and manner as other township funds are paid over to said township treasurers.

        History:   L. 1909, ch. 181, § 5; April 3; R.S. 1923, 80-1206.

• 80-1207: Same; surplus funds; use. Whenever any township of this state shall have rid itself of the prairie dogs and there shall cease to be a necessity of any future procedure under this act (which question shall be determined by the board of county commissioners and the trustee of such township), the surplus fund, if any, in the hands of the township treasurers shall be merged into the general township funds of said townships and to be used for general township purposes.

        History:   L. 1909, ch. 181, § 6; April 3; R.S. 1923, 80-1207.

• 80-1208: Same; penalty for failure to perform duties. Any township trustee or board of county commissioners failing to perform any of the duties imposed upon them by this act shall be deemed guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not less than fifty dollars nor exceeding one hundred dollars for each offense thus committed.

        History:   L. 1909, ch. 181, § 7; April 3; R.S. 1923, 80-1208.